Pre-trial detention - Delayed appearance

The deferred appearance is used when certain results of the investigation or expert opinions are missing at the end of police custody.

The accused person may be remanded in custody pending trial.

Pre-trial detention is possible if the offense if the accused person is accused, he shall be punished by a prison sentence of 3 years or more.

Pre-trial detention may be ordered only if judicial review or the wearing an electronic bracelet are not sufficient to achieve one or more of the following objectives:

• Retain evidence or clues
• Prevent pressure on witnesses or their families
• Preventing pressure on victims or their families
• Prevent fraudulent consultation between the accused person and his co-authors or accomplices (for example, to avoid agreement on a false version of the facts)
• Ensure that the accused person remains at the disposal of the judiciary
• To end the infringement or to avoid its renewal

Judge of Liberties and Detention

Pre-trial detention is requested by the Public Prosecutor. It must refer the case to the Judge of Liberties and Detention (JLD).

The judge decides on remand in custody after hearing any comments from the accused or his lawyer.

Decision

The JLD makes a ordinance who is notified to the person complained against.

Such an order may provide for remand in custody.

If the judge refuses detention, he can make an order for detention judicial review or an order of electronic wristband placement.

Appeals

The person in custody may call the order made within 10 days.

The appeal may be made immediately after the hearing by a statement to the graft of the JLD.

Once the person is detained, the appeal must be made by means of a declaration of appeal form filed with the Registry of the penitentiary institution.

The detainee may also instruct his lawyer to appeal.

The appeal is heard by the investigating chamber of the court of appeal.

The person is detained until trial.

The trial must take place no later than 2 months after the judge's decision.

The person remanded in custody must be released if the trial has not taken place within 2 months of his detention.